Arbitrator Replacement—When, Why and How
There are several reasons. Most commonly, arbitrators may have health problems making them unable to serve, they may pass away or they may have a conflict with a party or witness, requiring recusal.
Topic: arbitration
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Tips on Maximizing Arbitration Efficiency
Arbitration is touted as an efficient, cost-effective dispute resolution method, but some complain it’s not meeting these goals. Do arbitrations take too long and cost too much? Why does it take one or two years to build a bridge, but three or…
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AI Arbitrators Coming Soon to Construction Cases
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It’s Too Late, Baby–Motion to Vacate Denied
Being “too late” is a popular theme in rock music.[1] Being “too late” in filing a motion to vacate an arbitration award can mean a party loses its right to review an adverse award. This post discusses the deadline for filing motions…
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What Conduct Waives Arbitration Rights?
Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss ok? Can defendants keep arbitration in reserve in case the court…
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Happy 1st Anniversary, Construction ADR Toolbox
“guided choice” mediation · arbitration · arbitration clauses · artificial intelligence · confidentiality · insurance · mediation · mediation preparation · mediation privilege · multi-party mediation · neutral evaluation · witness statementsIt’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to…
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NFL Penalized for Unfair Arbitration Clause
Football season is almost here—the annual frenzy of gridiron clashes between dozens of teams at all competition levels. NFL teams are already holding preseason games before the official season begins on September 4, 2025. The college season gets underway on August 23,…